Part IIIE+W General Provisions
Travelling and subsistence allowancesE+W
13(1)Subject to the provisions of this paragraph, a member of a probation and after-care committee or [probation liaision committee] shall be entitled—
(a)to receive payments at [rates determined by the Secretary of State with the consent of the Minister for the Civil Service] by way of travelling allowance or subsistence allowance where expenditure on travelling or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any of his duties as a member of the committee; and
(b)to receive payments at [a rate determined by the Secretary of State with the consent of the Minister for the Civil Service] by way of financial loss allowance where for that purpose he incurs any other expenditure to which he would not otherwise be subject or suffers any loss of earnings or of benefit under the National Insurance Acts 1965 to 1967 which he would otherwise have made or received.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Sub-paragraph (1) above shall not apply in relation to a member of a [probation liaision committee] for an area within the [inner London probation area].
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Adjustment of expenses of probation and after-care committees inter seE+W
14(1)Where a probation officer is appointed for more than one probation and after-care area, his salary and any expenses incurred by him or by a probation and after-care committee in respect of the performance of his duties, and any expenses incurred in respect of a superannuation allowance, gratuity or compensation payable to or in respect of him or any clerk appointed to assist him under any regulations under section 7 of the Superannuation Act 1972 shall be apportioned between the probation and after-care committees for the several probation and after-care areas for which he is appointed, in such manner as may be agreed between the committees concerned after consultation with the local authorities which, by virtue of paragraph 15 below, are required to defray the expenses of those committees, or as in default of agreement may be determined by the Secretary of State.
(2),(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Expenses of probation and after-care committees to be borne by local authoritiesE+W
15(1)Subject to sub-paragraph (2) below and to paragraph 16 below the sums required to meet—
(a)any expenses incurred by a probation and after-care committee under the provisions of this Schedule (including allowances under paragraph 13);
(b)any expenses incurred by a probation and after-care committee in respect of superannuation allowances, gratuities or compensation payable by virtue of regulations under section 7 of the Superannuation Act 1972 to or in respect of probation officers and clerks appointed by probation and after-care committees or probation officers to assist probation officers in the performance of their duties; and
(c)any other expenses incurred by a probation and after-care committee in accordance with rules made under this Schedule;
shall be defrayed, in accordance with rules so made, by the local authority in whose area the probation and after-care area is situated.
(2)Sub-paragraph (1) above shall not apply to any expenses incurred by a probation and after-care committee in providing and carrying on probation hostels, probation homes and bail hostels.
(3)Where a probation and after-care area is situated in the area of two or more local authorities, the sums to be defrayed under sub-paragraph (1) above shall be apportioned between the several authorities in such manner as may be agreed between them or as in default of agreement may be determined by the Secretary of State.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Special provision for expenses of the probation and after-care committee for the inner London areaE+W
[16Paragraph 15 above shall not apply in relation to expenses incurred by the probation committee for the inner London probation area, but such sums as the Secretary of State may direct to meet the expenses and contributions which, in the case of a probation area outside, would be payable by virtue of that paragraph by the local authority.
(a)shall be paid out of the metropolitan police fund; or
(b)where the inner London probation area includes one or more petty sessions areas outside the inner London area, shall be partly paid out of that fund and partly defrayed by the local authority or authorities concerned.
(2)Where paragraph (b) of sub-paragraph (1) above applies, the proportions to be paid or defrayed under that paragraph shall be such as may be agreed between the Receiver for the metropolitan police district and the local authority or authorities concerned or, in default of agreement, as may be determined by the Secretary of State.
(3)In this paragraph “the local authority or authorities concerned” means the local authority or authorities in whose area or areas the petty sessions area or areas outside the inner London area is or are situated.]
[Limits on sums payable under paragraphs 15 and 16]E+W
16A(1)Nothing in paragraph 15 or 16 above shall require a local authority to defray any sums which would cause its expenditure in any year to exceed the amount which, in relation to that expenditure and that year, is for the time being determined by the Secretary of State under section 51(3A)(b) of this Act.
(2)Nothing in paragraph 16 above shall require there to be paid out of the metropolitan police fund any sums which would cause the expenditure out of that fund in any year to exceed the amount which, in relation to that expenditure and that year, is for the time being so determined.
(3)In this paragraph “expenditure” means expenditure under this Schedule.
Provision of accommodation by local authorities for the probation and after-care serviceE+W
17(1)In any case in which a local authority would be liable under paragraph 15(1) or (3) [or 16(1) or (2)] above to defray all or part of the expenses incurred by a probation and after-care committee in providing any accommodation, the local authority may, subject to the provisions of this paragraph, itself provide the accommodation in question for the use of the committee.
(2)A local authority shall not by virtue of this paragraph provide any accommodation for the use of a probation and after-care committee except with the agreement—
(a)of the committee; and
(b)if the expenses of the committee in providing the accommodation would have fallen to be defrayed partly by that authority and partly by one or more other local authorities, of the other local authority or authorities.
(3)Where in accordance with sub-paragraph (2)(b) above a local authority provides accommodation with the agreement of one or more other local authorities, that authority shall be entitled to receive from the other authority or authorities such contribution to its expenditure in providing the accommodation as may be agreed between them or as in default of agreement may be determined by the Secretary of State.
[(4)The foregoing provisions of this paragraph shall apply as if the Receiver for the metropolitan police district were a local authority and any sums required to be paid out of the metropolitan police fund were required to be defrayed by him; and any contribution received by him under sub-paragraph (3) above shall be paid into that fund.]
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RulesE+W
18(1)The Secretary of State may make rules—
(a)regulating the constitution, procedure, powers and duties of probation and after-care committees, . . . and [probation liaison committee]s, and the expenses which may be incurred by them and the manner in which those expenses are to be defrayed;
[(aa)limiting the number of staff (other than probation officers) who may be appointed under paragraph 3 or 10 above;]
(b)regulating the qualifications, manner of appointment, . . . and duties of probation officers . . . ;
(c)prescribing anything else which under the preceding provisions of this Schedule may be prescribed;
and in those provisions the expression “prescribed” means prescribed by rules of the Secretary of State.
(2)Without prejudice to sub-paragraph (1) above, the Secretary of State may by rules made under this Schedule make provision as to the manner in which paragraph 13 above is to be administered, and in particular may make provision—
(a)for prescribing . . . the forms to be used and the particulars to be provided for the purpose of claiming payment of the allowances under that paragraph; and
(b)for avoiding duplication between payments under that paragraph and under other arrangements where expenditure is incurred for more than one purpose, and otherwise for preventing abuses.
(3)Nothing in any rules made under this paragraph with respect to the constitution, procedure and functions of case committees shall apply to a case committee for an area within the [inner London probation area], except in so far as may be determined under paragraph 5(2) above by the probation and after-care committee for that area.
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Conditions of service of probation officersE+W
[18AThe conditions of service of probation officers . . . shall be such as the Secretary of State may from time to time determine.]
InterpretationE+W
19(1)In this Schedule, “the inner London area” has the same meaning as in the Administration of Justice Act 1964 [and 'inner London probation area’ has the meaning given by paragraph 1(3) above].
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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